1.1. Konfir.com is owned and operated by Konfir (UK) Limited ("Konfir", "we", "us" or "our"). We provide an online platform at Konfir.com (the "Platform") to enable individuals ("you") to manage requests from organisations to verify your details, documents or other information (the "Services"). Our Platform includes websites, microsites, databases and back-end systems that we use to operate Konfir.com.
1.2. Organisations such as banks, brokers, credit providers, estate agents, recruitment agencies, prospective new employers and providers (our "Clients") may ask to verify your details or to be provided with verification documents or information, such as references or evidence of employment, educational attainments, income, tax or other financial details ("Verification Information"). Requests may be made to organisations such as your current or previous employer ("Employers") to issue, update or amend Verification Information.
1.3. You can choose to create an account with us ("Account") in order to access a wider range of Services including the ability to save Verification Information where and for so long as permitted on our Platform for future use and/or for use in respect of more than one Client.
2.1. The Services are made available to you subject to these terms and conditions (these "Terms"). The Terms constitute a binding legal contract between you and us.
2.2. If you do not agree to these Terms, then you must stop using the Platform and the Services.
2.3. We may amend these Terms from time to time. If we do, we will publish the amended Terms or the changes to them on the Platform and the amended Terms of Use will take effect 30 days from the date on which we publish the amendments. Your access to the Platform and the Services may be restricted or prevented unless and until you have agreed to such amended Terms. Continued access to the Platform and use of the Services after the date on which amendments have taken effect will constitute your acceptance of the amended Terms. For the avoidance of doubt, the version of these Terms published and accessible as the current version on our website prevails over any previously published version and over any version in printed form or held on any other storage medium.
2.4. We will not amend the Terms in such a way that would cause material detriment to you.
3.1. The Services enable you to permit the disclosure of your Verification Information to Clients. Accordingly, our Platform is designed to disclose:
3.2. Additionally, the Services enable certain "basic" verification information (such as your name, job title and confirmation of your employment and dates) to be disclosed by Employers to Clients where the Client already has your approval or has other lawful grounds to request the Verification Information without obtaining your express approval and it appears to us that it is in your interests (for example, to further your engagement with the Client).
3.3. We require all Clients to confirm they have your authorisation before providing any Verification Information to them. You confirm that we may rely on confirmations received from Clients that they have your approval or other lawful grounds to request the Verification Information referred to in this clause 3.
3.4. We may follow any instruction for your use of the Platform and/or the Services provided that we reasonably believe such Instruction is made or authorized by you.
3.5. We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of any unauthorised disclosure of your Verification Information and other information.
4.1. Konfir grants you a non-exclusive limited right to access the Platform and use the Services for your personal, non-commercial purposes, subject to your compliance with these Terms.
4.2. We may change the Platform and the Services from time to time. When we do, we will inform you via the Platform. If you are not happy with the changes, then you must stop using the Platform and Services.
5.1. In connection with your use of the Services, you acknowledge and agree that we may:
5.1.1. provide Platform features that enable you (where you may lawfully do so) to connect your Konfir account to other accounts you hold (for example, with banks, credit card companies, accounting platforms and tax or other governmental authorities including His Majesty's Revenue and Customs ('HMRC')) (“Third-Party Accounts”) so that we can obtain the Verification Information and to provide our Services, or we may request such information directly from you; and/or
5.1.2. receive Verification Information and other information such as messages, links and other posts from you, Clients, Employers and other third parties (including information from Third-Party Accounts).
5.1.3. where you connect your HMRC account, you will appoint us as your Tax Agent via the Government Gateway to obtain Verification Information. A Tax Agent can deal with HMRC on your behalf, you can find more information here: https://www.gov.uk/appoint-tax-agent. You will then need to consent for us to share this information with our Clients. If you already have a Tax Agent and appoint us, this will replace your current Tax Agent. Once your Verification Information has been received, we will automatically de-register ourselves as your Tax Agent. You will need to re-appoint another Tax Agent if you need further Tax Agent support.
5.2. By connecting your Konfir account with any Third-Party Account, you:
5.2.1. confirm that you are the authorised account holder in respect of such Third-Party Account and entitled to provide us with access to it and that, so far as you are aware, the information it contains is correct, up to date and not misleading in any way; and
5.2.2. authorise us to access, use and in some instances retain the information available from that Third-Party Account to provide Verification Information on your behalf and deliver and/or monitor or improve our Services to you.
5.3. You grant us:
5.4. Where we have made settings available, we will honour the choices that you make about who can see your Verification Information and other information.
5.5. You grant us the right to disclose the Verification Information and/other related information to any Clients and/or or Employers under and in accordance with clause 3, even if third parties such as Clients or Employers also have rights in and to the content within any Verification Information or other information uploaded on or transmitted over the Platform.
6.1. As part of the Services you may have a user account. You must:
7.1. You must not misuse the Platform or the Services. In particular, you must not:
7.2. You must not breach our security or do anything that could harm our Platform or Services. In particular, you must not:
7.3. You must not infringe our rights. In particular, you must not:
7.4. We may temporarily or permanently limit or restrict your access and use of the Platform or the Services if we consider that:
8.1. Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by law.
8.2. The Services and the Platform are made available to you on an "AS IS" and "AS AVAILABLE" basis.
8.3. It is your responsibility to ensure that the Platform and the Services are suitable for your intended purposes.
8.4. We give no warranties, assurances or guarantees:
8.5. Except as otherwise set out in these Terms, all warranties, terms, conditions and undertakings, whether express or implied by common law, statute, course of dealing or otherwise in relation to the Platform and the Services are excluded to the fullest extent permitted by law.
8.6. You acknowledge and agree that the operation of the Platform and the Services is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and we do not guarantee and will not be liable for these in any way.8.6. Subject to clause 8.1, we will not be liable to you:
8.7. Subject to clause 8.1, we will not be liable to you: some text
8.8. Subject to clause 8.1, our total liability to you arising under or in connection with the Services and these Terms or any breach or non-performance of these Terms (no matter how fundamental) shall not exceed one thousand pounds sterling (£1,000).
9.1. We are committed to meeting our obligations as data controller or processor under Data Protection Legislation, and to protecting the personal data we collect and store in the course of providing our Services.
9.2. Depending on our relationship with you (including whether you choose to create an Account), we will collect and store personal data about you, including Verification Information and any other Personal Data provided by you to us, or that we obtain in the course of our relationship.
9.3. Further information about the scope, nature and purpose of processing by Konfir, the duration of the processing and the types of personal data and any sharing or disclosure of personal data to third parties, is set out in the Konfir Privacy Policy (as updated from time to time) a copy of which is accessible on the Platform or may be requested from us at any time.
9.4. Additionally, our Services may use cookies and other similar technologies. For information about the cookies we use please see our cookie notice here.
10.1. Illegality/Severance: If any provision of these Terms is declared by any competent court or body to be illegal, invalid or unenforceable under the law of any jurisdiction, or if any enactment is passed that renders any provision illegal, invalid or unenforceable under the law of any jurisdiction, this shall not affect or impair the legality, validity or enforceability of the remaining provisions.
10.2. Third party rights: any member of the Konfir group of companies may enforce these Terms directly against you as if they were a party to these Terms. Otherwise, no person who is not a party to these Terms may enforce these Terms against a party.
10.3. Waiver: If we fail to insist that you meet your obligations under these Terms or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you, and it does not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you. Even if we delay in enforcing our rights under these Terms, we may still enforce our rights later.
10.4. Entire Agreement: These Terms constitute the entire agreement and understanding between you and us relating to your access to and use of the Services.
10.5. No reliance: You acknowledge and agree that you do not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by us or any other person except as expressly set out in these Terms, in respect of which your sole remedy shall be for breach of contract.
10.6. Fraud and fraudulent misrepresentation: Nothing in clauses 10.4 or 10.5 or elsewhere in these Terms shall operate or be construed to exclude or limit any liability of any person for fraud, including fraudulent misrepresentation.
10.7. Assignment and subcontracting: we may assign our rights and/or subcontract our obligations under these Terms to any other person at any time. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
10.8. Interpretation: (i) terms referred to in the plural include the singular and vice versa; (ii) any words that follow 'include', 'includes', 'including', ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
10.9. Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or the Services (including non-contractual disputes or claims) shall be governed by English law. The parties submit to the non-exclusive jurisdiction of the English courts for all purposes relating to and in connection with these Terms and any such dispute or claim.